TITLE LVIII
PUBLIC JUSTICE
Chapter 570-B
PEN REGISTER, TRAP AND TRACE DEVICES
Section 570-B:1
570-B:1 Definitions. –
As used in this chapter:
I. "Telecommunication" has the meaning set forth in RSA 570-A:1.
II. "Judge of competent jurisdiction" means a judge of the superior court.
III. "Pen register" means a device which records or decodes electronic or other impulses which identify the numbers dialed or otherwise transmitted on the telephone line to which such device is attached, but such term does not include any device used by a provider or customer of a telecommunication service for billing, or recording as an incident to billing, for communications services provided by such provider or any device used by a provider or customer of a telecommunication service for cost accounting or other like purposes in the ordinary course of its business.
IV. "Trap and trace device" means a device which captures the incoming electronic or other impulses which identify the originating number of an instrument or device from which a telecommunication was transmitted.
Source. 1988, 25:5. 1995, 280:10, II, eff. Aug. 20, 1995.
Section 570-B:2
570-B:2 General Prohibition on Pen Register and Trap and Trace Devices. –
I. Except as otherwise provided in this chapter, a person is guilty of an offense if he installs or uses a pen register or a trap and trace device without first obtaining a court order under this chapter.
II. The offense is a misdemeanor if the violation of this chapter is a first offense. If the violation of this chapter is a second or subsequent offense, the person shall be guilty of a class B felony.
Source. 1988, 25:5, eff. July 1, 1988.
Section 570-B:3
570-B:3 Exceptions. –
The prohibition of RSA 570-B:2, I does not apply with respect to the use of a pen register or a trap and trace device by a provider of telecommunication service:
I. Relating to the operation, maintenance, and testing of a telecommunication service or to the protection of the rights of or property of such provider, or to the protection of users of that service from abuse of service or unlawful use of service; or
II. To record the fact that a telecommunication was initiated or completed in order to protect such provider, another provider furnishing service toward the completion of the telecommunication, or a user of that service, from fraudulent, unlawful, or abusive use of that service; or
III. Where the consent of the user of that service has been obtained.
Source. 1988, 25:5. 1995, 280:10, II, eff. Aug. 20, 1995.
Section 570-B:4
570-B:4 Application for an Order for a Pen Register or a Trap and Trace Device. –
I. The attorney general or the deputy attorney general may make an application to the superior court for an order or an extension of an order under RSA 570-B:5, authorizing or approving the installation and use of a pen register or a trap and trace device under this chapter, in writing under oath or equivalent affirmation to a court of competent jurisdiction.
II. An application under this chapter shall include:
(a) The identity of the attorney for the state making the application and the identity of the law enforcement agency conducting the investigation; and
(b) A certification by the applicant that the information likely to be obtained is relevant to an ongoing criminal investigation being conducted by that agency.
Source. 1988, 25:5, eff. July 1, 1988.
Section 570-B:5
570-B:5 Issuance of an Order for a Pen Register or a Trap and Trace Device. –
I. Upon an application made under RSA 570-B:4, the court shall enter an ex parte order authorizing the installation and use of a pen register or a trap and trace device within the state if the court finds that the attorney general or deputy attorney general has certified to the court that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation.
II. An order issued under this section shall specify:
(a) The identity, if known, of the person to whom is leased or in whose name is listed the telephone line to which the pen register or trap and trace device is to be attached;
(b) The identity, if known, of the person who is the subject of the criminal investigation;
(c) The number and, if known, physical location of the telephone line to which the pen register or trap and trace device is to be attached and, in the case of a trap and trace device, the geographic limits of the trap and trace order; and
(d) A statement of the offense to which the information likely to be obtained by the pen register or trap and trace device relates; and shall direct, upon the request of the applicant, the furnishing of information, facilities, and technical assistance necessary to accomplish the installation of the pen register or trap and trace device.
III. (a) An order issued under this section shall authorize the installation and use of a pen register or a trap and trace device for a period not to exceed 60 days.
(b) Extensions of such an order may be granted, but only upon an application for an order under RSA 570-B:4 and upon the judicial finding required by RSA 570-B:5. The period of extension shall be for a period not to exceed 60 days.
IV. An order authorizing or approving the installation and use of a pen register or a trap and trace device shall direct that:
(a) The application and order be sealed until otherwise ordered by the court; and
(b) The person owning or leasing the line to which the pen register or a trap and trace device is attached, or who has been ordered by the court to provide assistance to the applicant, not disclose the existence of the pen register or trap and trace device or the existence of the investigation to the listed subscriber, or to any other person, unless or until otherwise ordered by the court.
Source. 1988, 25:5, eff. July 1, 1988.
Section 570-B:6
570-B:6 Assistance in Installation and Use of a Pen Register or a Trap and Trace Device. –
I. Upon the request of an attorney for the state or an officer of a law enforcement agency authorized to install and use a pen register under this chapter, a provider of telecommunication service, landlord, custodian, or other person shall furnish such investigative or law enforcement officer forthwith all information, facilities, and technical assistance necessary to accomplish the installation of the pen register unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party with respect to whom the installation and use is to take place, if such assistance is directed by a court order as provided in RSA 570-B:5, II.
II. Upon the request of an attorney for the state or an officer of a law enforcement agency authorized to receive the results of a trap and trace device under this chapter, a provider of telecommunication service, landlord, custodian, or other person shall install such device forthwith on the appropriate line and shall furnish such investigative or law enforcement officer all additional information, facilities, and technical assistance including installation and operation of the device unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party with respect to whom the installation and use is to take place, if such installation and assistance is directed by a court order as provided in RSA 570-B:5, II. Unless otherwise ordered by the court, the results of the trap and trace device shall be furnished to the officer of a law enforcement agency designated in the court order, at reasonable intervals during regular business hours for the duration of the order.
III. A provider of a telecommunication service, landlord, custodian, or other person who furnishes facilities or technical assistance pursuant to this section shall be reasonably compensated for such reasonable expenses incurred in providing such facilities and assistance.
IV. No cause of action shall lie in any court against any provider of a telecommunication service, its officers, employees, agents, or other specified persons for providing information, facilities, or assistance in accordance with the terms of the court order under this chapter.
V. A good faith reliance on a court order or a legislative authorization is a complete defense against any civil or criminal action brought under this chapter or any other law.
Source. 1988, 25:5. 1995, 280:10, II, eff. Aug. 20, 1995.
Section 570-B:7
570-B:7 Reports Concerning Pen Registers and Trap and Trace Devices. –
On or before December 1 of each odd numbered year, the attorney general shall include in the report required of him by RSA 7:37, a report concerning the number of pen register orders and orders for trap and trace devices applied for by the department of justice.
Source. 1988, 25:5, eff. July 1, 1988.